The Supreme Court is set to review whether bans on semiautomatic rifles, commonly referred to as assault weapons, infringe on the Second Amendment. The court announced on Tuesday that it will hear appeals against bans on firearms such as the AR-15 in both Connecticut and the Chicago area.
Roughly a dozen states, including major cities like New York, Los Angeles, and Washington, D.C., have similar laws. After Congress allowed the national assault weapons ban to lapse in 2004, Democrats have pushed for its renewal due to numerous mass shootings. In addition, states have moved forward with their own regulations, including recent legislation in Virginia and Rhode Island.
The current case marks another significant gun-related debate to reach the court. This follows a 2022 ruling from the conservative-majority court that broadened Second Amendment rights, prompting a wave of challenges to gun regulations nationwide. Arguments in this latest case are slated for the fall.
Connecticut implemented its law after a tragic incident at Sandy Hook Elementary in 2012, where a shooter used an AR-15 to kill 26 people, including 20 children. The state argues these guns resemble military weapons and are often chosen by mass shooters, justifying their ban.
“These laws are critical public safety measures and align with the Second Amendment,” stated Janet Carter, managing director of Second Amendment litigation at Everytown Law, a gun-control advocacy group.
However, gun rights organizations assert the bans are unconstitutional, arguing semiautomatic rifles are legally possessed by millions across the country. Adam Kraut, executive director of the Second Amendment Foundation, noted, “The Second Amendment protects arms in common use for lawful purposes, and it’s challenging to argue that a rifle type potentially outnumbering Ford F-150 trucks in America does not meet that criteria.”
Four conservative justices on the nine-member court, enough to initiate a case review, have indicated that the issue would eventually be addressed. Cook County, Illinois, enacted its ban in 1993, with lower courts upholding both the Connecticut and Illinois laws.
The challengers argue, “If the Second Amendment does not protect the most popular rifles in the country, it calls into question the protection of any firearms, except perhaps handguns kept in the home.” In contrast, Cook County’s attorneys maintain the constitutionality of their measure, emphasizing, “The trauma resulting from assault weapon massacres has been shocking for the public at large.”
This term, the Supreme Court supported Second Amendment rights in two cases by nullifying Hawaii’s gun carry restrictions and a broad federal ban on gun ownership for marijuana users. The court has previously sustained some restrictions, such as barring individuals under domestic-violence restraining orders from owning firearms.
The court also turned away several cases concerning gun restrictions for those under 21, an issue that has sharply divided lower courts.
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